Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1887-03-22
The Senatorial Question.
lFrom the hampshire Review.l

1 dance OF leisure. thouSut "ouio
amuse myself with acursory view of
the Senatorial questions of the pass
ing hour, and have just read with
great interest the editorial of the
West Virginia Democrat of the 4th
inst, the constitutional provisions,
State and Federal, the Acts of iegisla-
ton touching the subject, except 1
have had no opportunity of scanning
the (SenatoriaD precedents relating
thereto, but have no doubt the opin-
ions of Chief Justice fancy and Will
liam Writ and the decision of the SEN
ate itself in the case of Bell of New
Hampshire, which seated Mr.. Bell
after great opposition and thorough
discussion, are entirely right and
ought to prevail. And esteem it
clear that the untitled vacancy at the
end of term is as much vacancy in
the view of the Constitution as any
other and the Governor is called on to
fill it till the next meeting of the Leg
islature as he is to fill any other va
cancy that may happen otherwise
ia tile Office of Senator. There is no
reason why the trainers of the Con-
stitution should use language which
embraces all vacancies and provides
for all others and leave unprovided
for the vacancy happening at the end
of a term because of the failure OF a
Legislature to meet or its inability to
elect. The Constitution contemplates
the representation of each State by
two members in the Councils OF the
u. S. Senate, and the fathers, in or
der to secure that high council in its
complete organization, in providing
for events and vacancies which must
occur in the nature Of things, uses
language which in its most obvious
meaning, applies to all vacancies,
none more certainly than vacancies
at the end of term; especially when
under our bi-annual system or it may
be hereafter a quad or tri-annual sys-
TEN or in a peculiar state of parties
or owing to corrupt practices or hon
est differences of opinions or both or
q variety of causes. may be unable to
meet in time or to make choice
when assembled. The experiences of
the past winter evidently demonstrate,
that vacancies from expiration of the
term without legislative action, may
be the most frequent, why then, by
a forced and unnatural construction
it should ever have been attempted to
make the trainers appear so stupid as
not to provide for it am at q loss to
conjecture.
The State itself must make its
choice. through one of it's two repre-
sentative organs, its Legislature or
its Governor, but it must be the free
choice of the State or the selection is
stitution is to be observed, Of course
the free choice of the State in this
free government is to be deferred to.
except so far as it clearly conflicts with
the constitution of the =. S. and the
laws made in pursuance thereof. 1t
is to be presumed all things in regard
to the matter are rightly done unless
the contrary is made Clearly to APP
pear. 1t was the duty of the Legis-
lature last winter to elect for the
State Senator to ill the vacancy to
occur in the seat of J. n. Camden. his
title to which was to expire and did
expire on the 3rd of March inst, but
the Legislature after, day by day,
diligently pursuing ali the methods
prescribed by law till the 25th Of
February, when it ceased to be
Legislature by operation of law, failed
to make an election (from honest con-
scientious differences we must pre-
sume) And consequently on the 3rd
OF March, the seat of Mr.. Camden be-
came vacant by the expiration of his
term. The Governor on the 5th OF
March under the authority of law and
representing the State rs fully as the
Legislature could have done, then
under the broad seal of the State APP
pointed Daniel B. Lucas of Jefferson
Co. to fill the vacancy till the next
meeting of the Legislature whose next
meeting under the express appoint
ment of the constitution was to be on
the second Wednesday in January,
1889, as it then appeared. Can this
commission be abridged?
The question and the only one re-
naming to be discussed is, when does
Mr.. Lucas office expire?
The State has ordered the people
to assemble and act legislatively OH a
Constitutional Amendment by adopt
ing or rejecting ii. This may be the
next legislative meeting,-thc action
is clearly Legislative though the ac-
ton of the meeting is limited and
specific. Does Mr.. Lucas office eX-
pire then? Certainly not because it
has no plenary powers. If it had
such power, it would revolutionize
the Government.
Well, the meeting of the LegisIa-
ture last winter expired without act
ing on the appropriation bills and
some two or three other bills. The
Governor thinking these bills should
be acted on before the next meeting
of the Legislature, under the provi-
sions Of our Constitution, having him
self filled the office of Senator by the
appointment of Mr.. Lucas which he
could not revoke if he wished to, and
had no right to alter or affect, he
found it necessary to recall the Leg
islaturc again in April to act on these
bills which they ought to have acted
on before and for these neglected and
special purposes alone. The COHsti-
tuition provides q called meeting OF
the Legislature shalt enter upon no
business except what is prescribed by
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